TERMS AND CONDITIONS

Vergenoegd Löw The Wine Estate Adam & Eve 2019 Promotional Competition

Application and Promoters: Please read these competition terms and conditions (“Terms”) carefully. These Terms apply to all persons entering the promotional competition (the “Competition”) conducted by Vergenoegd Löw The Wine Estate, situated at Baden Powell Drive, Faure, Stellenbosch, 7131, Tel: 021 843 3248 and facilitated by Vergenoegd Löw The Wine Estate’s marketing agencies Bonfire Media Ltd., situated at 31 Oxford Rd, Forest Town, Johannesburg, 2193 and Kri8it (collectively “the Promoters”).

Terms: Instructions on how to enter this Competition, including all rules, mechanics, procedures, directions and all prizes form part of these Terms. If you take part in this Competition, you expressly agree to be bound by these Terms and accept that the Promoters’ decision is final and shall be made in the Promoters’ sole, absolute and unfettered discretion, and no correspondence will be entered into. Prizes are not transferable or exchangeable in any form and in particular cannot be exchanged for cash.

Eligibility: The Competition is open to all citizens and legal residents of South Africa (provided that the participant is also a legal resident in South Africa at the time of winning and receiving any prize herein) who at the time of entering the Competition are over the age of 18 (eighteen) years, and are in possession of a valid South African Identity Document (in the case of residents, a valid passport and necessary residency permission). Persons that are excluded from entering the Competition include any person who is a director, member, partner, employee or agent of, or consultant (“Associates”) of the Promoters and/or Vergenoegd Löw The Wine Estate, or any other person who directly or indirectly controls, is employed by or is controlled by Promoters, and/or immediate family members of Associates, who are indirectly or directly connected to or employed by any party in the aforementioned capacities or relationships, their advertising agencies, manufacturers, distributors or bottlers of beverages/products identified by the trademarks owned by or licensed to Vergenoegd Löw The Wine Estate’s. and its affiliates (“Disqualified Persons”).

Any person who has won a prize from the Promoters or Vergenoegd Löw The Wine Estate in the last 12 (twelve) months (calculated from 13 September 2018) may not qualify as a winner in this Competition.

Competition Duration: The Competition will run from 13 September 2019 at 00:01 and will end on 30 April 2020 at 23:59 (“Competition Duration” or “Promotional Period”).

Entry Mechanic: To stand a chance of winning one of the prizes in the Vergenoegd Löw The Wine Estate Adam & Eve Competition, entrants must:

1. Purchase any pack of Vergenoegd Löw The Wine Estate’s Adam & Eve 2019 Vintage during the Promotional Period.

2. Enter your unique code on the pack on www.adamandeve.vergenoegd.co.za

Prizes: There is a total prize pool of 14 (fourteen) prizes in total that are available under this Competition. This prize pool is comprised of:
1 (one) of 12 (twelve) Vergenoegd Löw The Wine Estate Product Hampers worth Two Thousand Five Hundred Rands R2,500.00; and
1 (one) of 2 (two) Grand Prize, which compromise of an exclusive experience at Vergenoegd Löw The Wine Estate worth Ten Thousand Rands (R10,000.00)

1. Once the verification process is completed successfully, the winners will be declared and notified as such via email. The winners will be directed by the Promoters on the steps which they must take to redeem the prize and must do all that is necessary to redeem the prize.

2. The Promoters will be responsible for the expense of the delivery of the product hampers to the winner. The winner must provide a valid physical address in South Africa.

3. The Promoters will not be responsible for any other expenses which the winner may incur as a result of their acceptance or use of the prize, whether foreseen or not.

Image Rights and Media: The Promoters may request the winner to be identified and photographed and to have the photographs published in various media, including but not limited to print and web-based media, or to appear on radio and television, when accepting their prizes, after having received their prizes or for the Promoters’ marketing material so far as it relates to the Competition. No fee will be payable. All intellectual property in the images or Competition footage shall vest in Vergenoegd Löw The Wine Estate’s. The winner however be given the opportunity to decline the publication of their images or participation in the Promoters’ marketing material. All participants are deemed to have read and understood the terms and conditions of applicable social media sites, Promoters’ website, and of Participants mobile network service provider.

Transgressions: Any attempt to damage or interfere with microsites, mobile site, websites or any social media used in connection with the Competition or the information on it, or to otherwise undermine the legitimate operation of the Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoters reserve the right to seek damages to the fullest extent permitted by law. The Promoters also reserve the right (subject to applicable law) to disqualify or ban any individual who tampers with or attempts to subvert or interfere with the Competition mobile site, website, entry process or prize retrieval process.

Any participant who transgresses any of these terms and conditions or who acts in any way contrary to the spirit of this Competition may be banned from entry into this, or into any other Promoter or Vergenoegd Löw The Wine Estate’s promotional competitions, for a period deemed appropriate by Promoter management.

Technical failures and Unauthorized intervention: If for any reason the Competition is not capable of running as planned as a result of any technical failures, unauthorized intervention, computer virus, mobile network failure, social media site downtime, tampering, fraud or any other causes beyond the Promoters’ control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, the Promoters reserve the right to cancel, terminate, modify or suspend the Competition or to disqualify or ban any individual who (whether directly or indirectly) causes (or has caused or has attempted to cause) the problem. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoters and which prevents the Promoters from complying with these Terms, the Promoters will not be liable for any failure to perform or delay in performing its obligation.

Invalid Entries: Entries which are incomplete, unclear, submitted via an incorrect entry mechanism, submitted after the last day of entry or contain errors or false information, or are from Disqualified Persons will be declared invalid. The Promoters may refuse to award the prize if the Terms have not been adhered to or if the Promoters detect any irregularities or fraudulent practices.

Defects: The Promoters are not liable for any defect in the prizes.

Limitation of Liability: To the maximum extent permitted by law, the participants, winners, and/or users of the prizes indemnify and hold the Promoters, their advertising agencies, advisers and nominated agents and each of their affiliates blameless for any loss, damage, harm or injury, which the participants, prize winners or users of the prizes may sustain as a result of any claim which may be made against it by any third party. The participants, winners or users of the prizes indemnify the Promoters, their advertising agencies, advisers, nominated agents, suppliers, packagers, and Bottlers of beverages identified by the trademarks owned by or licensed to Vergenoegd Löw The Wine Estate’s, its affiliates or associated companies against any claim of any nature whatsoever arising out of or from their participation in any way in the Competition or their use of the prizes (including, as the result of any act or omission, whether negligent or otherwise on the part of the Promoters).

Non-Waiver of Terms: A failure by the Promoters to enforce any one of the Terms in any instance(s) will not give rise to any claim or right of action by any participant or prize winner, nor shall it be deemed to be a waiver of any of the Promoters’ rights in relation to the same.

Legal Compliance: All participants are advised that in compliance with the laws of the countries in which the Promoters operate, the Promoters are required to retain certain information (where applicable) of participants and winners for a period of 3 (three) years (“Personal Information”). Such Personal Information to be retained by the Promoters includes (but is not limited to) the full names, identity numbers, contact details and winners’ acknowledgement of prize receipts. Accordingly, the Promoters will require the winners to complete and submit an information disclosure agreement and indemnification to enable the Promoters to ensure compliance with these rules, as well as with the South African Consumer Protection Act 68 of 2008 (“Consumer Act”). Should any participant or winner refuse or be unable to comply with this rule for any reason, such participant or winner will be deemed to have rejected the prizes and it shall revert back to the Promoters.

Severability: If any provision of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of any remaining provisions.

Law and jurisdiction: These Terms shall be governed by the laws of South Africa. The participant consents to the non-exclusive jurisdiction of the High Court (Gauteng Local Division, Johannesburg) in respect of all matters arising out of or in connection with the Terms.

Inquiries: All queries in connection with this promotional competition should be directed to Vergenoegd Löw The Wine Estate reservations@vergenoegd.co.za

Availability of these Terms: A copy of the these Terms is available and can be downloaded in printable form from www.vergenoegd.co.za

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